Pai Canadian Murder - The Dilatory Truth

[george]

Pai Canadian murder - the dilatory truth

Leo Del Pinto

Three years after he gunned down Canadian Leo Del Pinto in the northern Thai village of Pai the trial of Police Sergeant Uthai Dechachiwat has still not started and papers have now been referred to the Office of Special Litigation in Bangkok.

But on January 17th Sergeant Uthai will however go for trial in the provincial capital Mae Hong Son for the murder of his 18–yr-old wife Manta by clubbing her to death with a piece of wood - an offence committed while on bail on the first murder charge.

He has already indicated he will be pleading guilty and police have his DNA from the wood.

Last month Leo’s family in Calgary, Alberta, celebrated what would have been Leo’s 27th birthday. They have not been encouraged by the delays in justice, nearly six months of which was caused by failure of the head of Pai Police to turn up for pre-trial hearings at Mae Hong Son Court.

But they are comforted by the fact that they are getting weekly reports from the Canadian DepartmentForeign Affairs and Trade, parts of which I have quoted below.

Justice still seems a long way away after a series of delays which might be regarded as almost machiavellian to people unfamiliar with the workings of the Thai justice system.

Leo’s father Ernie Del Pinto described the consistent delays as bordering on the credible. But the family, he said, would be monitoring the case until it came to a conclusion. Patience would be the better part of virtue for any outcome.

The quest for justice for Leo Del Pinto and to prosecute a Thai policeman for his murder has been fraught with obstacles since ... [more...]

-- Andrew Drummond 2010-12-31

[TAWP]

was caused by failure of the head of Pai Police to turn up for pre-trial hearings at Mae Hong Son Court.

Name and shame.

[JWJ]

The Prime Minister should be asking for that police chiefs resignation. Unfortunately, the PM has no control over the police or army.

[asiawatcher]

Justice may be slow but it may get there - nice guy - out on bail then clubs his missus to death! How did he get bail in the first place - he is obviously very disturbed and dangerous. As for the deliberate absence of the head of the police - yes he should be removed immediately. There is a fair chance he may interfere with evidence and prejudice the case or even be involved - who knows?

[Shuggy]

Thai Justice System = Oxymoron

[jaapfries]

Having your son murdered by this moronic, sorry excuse of a Policeman is horrific enough - subsequently having your parental soul tortured by a corrupt & dysfunctional legal system, for years, is simply in-excusable ! !

I wish these Albertans much strength and courage.

We; here in Thailand, weep with you, make no mistake about that !

May your son rest in peace.

Cheers,

Jaap

(Ex-Canadian)

[LiveSteam]

It happens all the time in Thailand the cops protect their own even Taksin.

[anon467367354]

my condolences to the family, this is totally uncalled for and pathetic. Again we see that because people have a certain title, either as a policeman or an MP, they seem to have zero consequences for their actions. What is sad is the total lack of recognition that foreigners are humans as well. Foreigner do have family's, do the things the other humans in Thai form do, and for that reason are pretty much exactly the same as the Thai, but still treated as lower entities. This attitude towards the foreigners really needs to change. Still people point and say "farang"! The other night, twice by the same person, I was deliberately given a smaller portion of food than my Thai friend that went before me. Fortunately I do speak Thai and let the jerk have loud and clear. This is so sad about the murder of this man, and pathetic that the guys wife was murdered through leniency of the courts. I blame the courts for her death. RIP :jap:

[Colabamumbai]

I am a Canadian living in Thailand what I would have to say about this cop and the justice system in Thailand would be deleted by the moderators. I hope the cop awaits the same fate as the man he killed. Leave it at that.

[sprq]

The strength and status of the Thai justice system is repeatedly shown by the failure of accused/plaintiffs/witnesses/lawyers, i.e. anybody required to appear in court, to turn up at the required place and time. There seem to be no consequences for this, whereas in a justice system like the English or American, if you don't turn up, you're in big trouble. In general, only certified illness is accepted as a reason for not turning up in court when required, whoever you are. In Thailand, any old excuse, or none at all, seems to be acceptable for not turning up, wasting everybody's time and money, and maybe even ruining a case.

[zthyadat]

was caused by failure of the head of Pai Police to turn up for pre-trial hearings at Mae Hong Son Court.

Name and shame.

From Drummond's full story:

"A major obstacle to the progress of the proceedings has been the chief of Pai police himself, Police Colonel Sombat Panya, who immediately after the shootings, put out the story that Sergeant Uthai was acting in self-defence while being attacked by Del Pinto, and then proceeded to instruct witnesses as to what actually happened."

[iforget]

Read the full story - he is named and pictured "talking to witnesses"

was caused by failure of the head of Pai Police to turn up for pre-trial hearings at Mae Hong Son Court.

Name and shame.

[NanaFoods]

It happens all the time in Thailand the cops protect their own even Taksin.

Not just in Thailand...

[andrewdrummond]

was caused by failure of the head of Pai Police to turn up for pre-trial hearings at Mae Hong Son Court.

Name and shame.

If you click on the full story you will see he is named

[iforget]

was caused by failure of the head of Pai Police to turn up for pre-trial hearings at Mae Hong Son Court.

Name and shame.

If you click on the full story you will see he is named

Reread my post, Andrew (at the top of the post...)

[Britannia]

We know that the majority of Thais do not even know that the rest of the world exists, But how can those that are so called educated and aware of world opinion, not recognize that to the non third world countries, they themselves are nothing more than that. If you want the rest of the World to recognize you then you need to play by the Human rules. The days of the untouchables as far as law is concerned was left behind in the 18^th Century. Discrimination against people now belongs to the third World

I know this story and may the family get some justice from it

[hardy1943]

I am a Canadian living in Thailand what I would have to say about this cop and the justice system in Thailand would be deleted by the moderators. I hope the cop awaits the same fate as the man he killed. Leave it at that.

You are so right. That says it all. We can not even criticize it.

[rwhoov]

I have lost most, if not all, respect for the BIB. They let the Yellow Shirts take over the airport, the Red Shirts take over downtown, etc., etc. The shenanigans of the Pai police chief do not surprise me. Arrogance, plain and simple.

[drdoom6996]

Justice may be slow but it may get there - nice guy - out on bail then clubs his missus to death! How did he get bail in the first place - he is obviously very disturbed and dangerous. As for the deliberate absence of the head of the police - yes he should be removed immediately. There is a fair chance he may interfere with evidence and prejudice the case or even be involved - who knows?

He belongs to the BIB frat. and may never be treated with the punishment for the crimes here the way he would in other places.

[nikster]

We know that the majority of Thais do not even know that the rest of the world exists...

Even if you were right about that, this has nothing to do with the rest of the world.

The main sufferers from the police in Thailand are the Thais. This is one case that creates outrage - you could argue this way or that when the policeman - who was well known for being crazy in Pai - murdered Leo and shot Carly. But once he killed his wife it would be obvious to every Thai in Pai and beyond that this girl's death was directly caused by the Police protecting one of theirs (and making up the usual ridiculous stories along the way, stories that not even children would believe but somehow the Thai police thinks it's a good idea to tell them anyway).

Much more outrage is needed - but one day, when everyone's had enough, the police will be reformed. It might take another generation, but I am sure it will happen eventually. The critical aspect to this is freedom of information, a free press. Clearly that's not yet happening in Thailand but when it does... things will change.

[theanimaster]

The only way to get justice here is to DIY. 10k you can knock off anyone you want. Yes, life is THAT cheap.

For police officers or officers with rank, the price may be a bit more.

The fact that this scumbag murdered 2 and will KEEP on murdering because he knows he's protected... Well his protection will only last depending on who has been paid more.

RIP to the victims and an excruciatingly slow and painful death to the vindicators. May those who have murdered out of spite be reincarnated as a rock.

Edited December 31, 2010 by theanimaster

[Bagwan]

The strength and status of the Thai justice system is repeatedly shown by the failure of accused/plaintiffs/witnesses/lawyers, i.e. anybody required to appear in court, to turn up at the required place and time. There seem to be no consequences for this, whereas in a justice system like the English or American, if you don't turn up, you're in big trouble. In general, only certified illness is accepted as a reason for not turning up in court when required, whoever you are. In Thailand, any old excuse, or none at all, seems to be acceptable for not turning up, wasting everybody's time and money, and maybe even ruining a case.

My understanding is that in the UK justice is administered by judges who act on behalf of the Queen. Obviously there are far too many court cases for Betty Windsor to attend to. The Court of Appeal, the High Court, the Crown Court, the Magistrates' Courts, and the County Courts are administered by Her Majesty's Courts Service, an executive agency of the Ministry of Justice. Cases are identified in the manner of 'The Crown versus Bill 'Blagger" Sikes." Similarly magistrates deal with lesser crimes to lighten the load of the judges and to ensure that cases come before the court in a reasonable time and not be held over because a courtroom and/or judge is not available.

Non attendance by witnesses at least could lead them to be summarily arrested and brought before the judge and charged, I assume, with contempt of court. It is seen as a discourtesy to the Queen's representative, and indirectly, to the Monarch. If such a practice were adopted in Thailand one would be but a short step away from a charge of lese majeste. That might focus people's attention.

[dude007]

The Prime Minister should be asking for that police chiefs resignation. Unfortunately, the PM has no control over the police or army.

But he still is his highest Boss and can fire him for "poor performance"...

[dude007]

The strength and status of the Thai justice system is repeatedly shown by the failure of accused/plaintiffs/witnesses/lawyers, i.e. anybody required to appear in court, to turn up at the required place and time. There seem to be no consequences for this, whereas in a justice system like the English or American, if you don't turn up, you're in big trouble. In general, only certified illness is accepted as a reason for not turning up in court when required, whoever you are. In Thailand, any old excuse, or none at all, seems to be acceptable for not turning up, wasting everybody's time and money, and maybe even ruining a case.

My understanding is that in the UK justice is administered by judges who act on behalf of the Queen. Obviously there are far too many court cases for Betty Windsor to attend to. The Court of Appeal, the High Court, the Crown Court, the Magistrates' Courts, and the County Courts are administered by Her Majesty's Courts Service, an executive agency of the Ministry of Justice. Cases are identified in the manner of 'The Crown versus Bill 'Blagger" Sikes." Similarly magistrates deal with lesser crimes to lighten the load of the judges and to ensure that cases come before the court in a reasonable time and not be held over because a courtroom and/or judge is not available.

Non attendance by witnesses at least could lead them to be summarily arrested and brought before the judge and charged, I assume, with contempt of court. It is seen as a discourtesy to the Queen's representative, and indirectly, to the Monarch. If such a practice were adopted in Thailand one would be but a short step away from a charge of lese majeste. That might focus people's attention.

You got it right Bagwan! Good insight!

[dude007]

The only way to get justice here is to DIY. 10k you can knock off anyone you want. Yes, life is THAT cheap.

For police officers or officers with rank, the price may be a bit more.

The fact that this scumbag murdered 2 and will KEEP on murdering because he knows he's protected... Well his protection will only last depending on who has been paid more.

RIP to the victims and an excruciatingly slow and painful death to the vindicators. May those who have murdered out of spite be reincarnated as a rock.

Preferably a rock on a sauna-fire...

[Arkady]

The del Pinto murder investigation was going nowhere fast until Andrew Drummond (with whom I have no connection) at grave personal risk got the Human Rights Commission and the DSI involved. Otherwise it would have been successfully passed off as an open and shut case justifiable homicide by a policeman on duty and surely would have been, if the victim had not been a foreigner. In the TV thread at the time there was a somewhat despicable campaign to support the accused as a nice, conscientious guy who acted under provocation and to whitewash the Pai police in general. Carly Reisig was outrageously represented as a slut who asked for it due to her alleged lack of compliance with the mores of Thai culture. Since the otherwise charming and hard working Sgt Uthai was arrested for battering his pregnant young wife to death and the Pai police commander has apparently been uncooperative with the Mae Hong Song court, it has become noticeably harder to find apologists for them, even amongst those with vested interests in Pai tourism. Sorry to raise this spectre but it still makes my blood boil today.

Is Uthai still on bail? If there was real justice, the judges that approved his bail would be convicted of manslaughter.

I hope that the del Pinto family finally get the justice they deserve. RIP Leo.

[Acharn]

The strength and status of the Thai justice system is repeatedly shown by the failure of accused/plaintiffs/witnesses/lawyers, i.e. anybody required to appear in court, to turn up at the required place and time. There seem to be no consequences for this, whereas in a justice system like the English or American, if you don't turn up, you're in big trouble. In general, only certified illness is accepted as a reason for not turning up in court when required, whoever you are. In Thailand, any old excuse, or none at all, seems to be acceptable for not turning up, wasting everybody's time and money, and maybe even ruining a case.

My understanding is that in the UK justice is administered by judges who act on behalf of the Queen. Obviously there are far too many court cases for Betty Windsor to attend to. The Court of Appeal, the High Court, the Crown Court, the Magistrates' Courts, and the County Courts are administered by Her Majesty's Courts Service, an executive agency of the Ministry of Justice. Cases are identified in the manner of 'The Crown versus Bill 'Blagger" Sikes." Similarly magistrates deal with lesser crimes to lighten the load of the judges and to ensure that cases come before the court in a reasonable time and not be held over because a courtroom and/or judge is not available.

Non attendance by witnesses at least could lead them to be summarily arrested and brought before the judge and charged, I assume, with contempt of court. It is seen as a discourtesy to the Queen's representative, and indirectly, to the Monarch. If such a practice were adopted in Thailand one would be but a short step away from a charge of lese majeste. That might focus people's attention.

Thank you for the information. I admit I'm a little puzzled that the Thai courts don't take that attitude. They certainly have a very strict law on contempt of court, and certainly any perceived insult to any member of the royal family, much less his majesty, is treated with great severity. However this does seem to happen commonly in Thailand in cases involving people whom the prosecutors don't really want to prosecute. There was a case involving alleged corruption in awarding royal honors which dragged on for twenty-five years, until the last defendant died, because the witnesses kept not showing up. Of course the prosecutors also had a list of several hundred witnesses who were supposed to be heard, so they were obviously in no hurry. It would be interesting to know just how much informal "arranging" is done, but it would be very risky to publish such information.

[camerata]

Pai has a singing policeman now, perhaps to show tourists the BIB are a friendly bunch. Donations apparently go towards computers for schools.

[Britannia]

We know that the majority of Thais do not even know that the rest of the world exists...

Even if you were right about that, this has nothing to do with the rest of the world.

The main sufferers from the police in Thailand are the Thais. This is one case that creates outrage - you could argue this way or that when the policeman - who was well known for being crazy in Pai - murdered Leo and shot Carly. But once he killed his wife it would be obvious to every Thai in Pai and beyond that this girl's death was directly caused by the Police protecting one of theirs (and making up the usual ridiculous stories along the way, stories that not even children would believe but somehow the Thai police thinks it's a good idea to tell them anyway).

Much more outrage is needed - but one day, when everyone's had enough, the police will be reformed. It might take another generation, but I am sure it will happen eventually. The critical aspect to this is freedom of information, a free press. Clearly that's not yet happening in Thailand but when it does... things will change.

I agree with you, I was not insinuating that the Thai people were at fault, I was just trying to reason why such a case in a different society would not be pushed under the carpet. The reason/? The senior police officer would know the International implications and would advise his officer (killer) your on your own, you f---ed up this time. but no in Thailand they think they are all above the law and International scrutiney

I remember this incidenrt, was he drunk? was he off duty late at night? was he carring his gone whilst out of uniform? was he rushed off to Mae-Hong Song to be gotten out of Pai only to return when the heat died down? You tell me

[johnyb]

what i see in thaland wher i stay more than 11 years,ther is no justice for a farang,i think ther is no real justice at all if you no have the money .